ok, so i was just on the way home, and came over the crest of a hill to see a marked cop car parked nose to the road about 100 metres away. i was probably doing 65 but slowed down as soon as i noticed him, as i got closer i saw a red light i the cabin of the car, prolly from an led on a radar/laz0r gun. I didn't see a flash, and he didn't chase me, so will i have a fine in the mail?
Your clear being marked if they don't chase you your fine.. Red light might be just warming up the Mc dees.
yeah it's about 3 doors down from a maccas heh. for all you melbourne guys,, it was coming down burwood hwy just before it hits warrigal. the missus tells me they're often there, just near the holden dealership.
The driver needs to be identified. They can't just ping you and send a fine in the mail. The exception is speed/red light cameras, they're covered by seperate legislation that allows a ticket to be sent to the registered owner and for them to then either deal with it or nominate another person driving at the time.
Is there an exception for people who ran from the cops? Is that also what you called an "Operator/Owner Onus" offence? How about if I think a cop is coming after me (let's say I'm ridiculously speeding and a cop on the opposite side of the road quickly flicks around with lights + sirens) and I quickly pull into a parking lot and run. But the cop doesn't see me run, he just identifies the car. Is it also then on the registered owner to nominate the driver? Btw, you mentioned that parking offences are also Operator Onus offences, are there any others? Where you can just write a ticket in the mail?
Fairly certain the red light would've been the readout on the radar gun. I've watched highway patrols sitting on freeway onramps, and the radars in their cars light up with a reading, and then flash when they have a final figure.
Running from police? Serious stuff, there's now specific offences for that too. In the case of person runs, leaves car but person can't be identified, that's where Section 60 of the Road Safet Act comes in. 60 Duty of owner of motor vehicle to give information about driver (1) An owner of a motor vehicle, or a relevant nominated person in relation to a motor vehicle, is guilty of an offence if, when required to do so by a member of the police force who is acting in the execution of duty, the person fails to give any information which it is within the power of the person to give and which may lead to the identification of any person who was the driver of the motor vehicle on any occasion or had possession or control of the motor vehicle on any occasion or fails to make all reasonable enquiries in order to obtain that information. In short, if your car is involved in something and Mr Policeman comes knocking on your door saying, "Your car was seen screaming away from an armed robbery last night. Who had your car at that time?" It's up to you to at least try to find out who had it.
What if you were unaware it was stolen as you were not home all night, you come knocking on the door as I am calling you to say some **** stole my car?
Then it's reported stolen. Not much the owner can do about that. As long as that's the geniune story. There's ways of sussing that out. If it's crap then there's an offence for making a false report.
cops can and have been known to send fines in the mail regardless if its legal or not, its just up to the driver to stand up for himself and say 'i wasnt speeding' 'can i have evidence that i was'?
